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Show ROTATION IN USE OF WATER 615 Use of Natural Reservoir "It is of course elementary that a natural depression may be utilized as a reservoir if no one is injured thereby."112 In one of its very early decisions, the Colorado Supreme Court held that in the absence of any written law on the subject, a person would have the legal right to construct a dam on a nonnavigable stream on the public domain for the purpose of creating a storage reservoir, so long as he did not encroach on the superior rights of others. "The act of utilizing as a reservoir a natural depression, which included the bed of the stream, or which was found at the source thereof, was not in and of itself unlawful."113 In 1943, the long established rule authorizing the use of natural channels in the handling of water was extended by the California Supreme Court to natural reservoirs. The City of Los Angeles was engaged in spreading waters for underground storage as the most practical method of storage under the local conditions. The court referred to the fact that in the early history of the State it had recognized the advantage of permitting the use of natural surface facilities, streambeds, dry canyons, and the like for transportation of water. This rule so established by the judiciary was incorporated in the Civil Code in 1872;114 and the court now believed that in codifying this rule in the Water Code in 1943115 the legislature could hardly have intended to abrogate the right to use other natural facilities for similar purposes. "It would be as harsh to compel plaintiff to build reservoirs when natural ones were available as to compel the construction of an artificial ditch beside a stream bed."116 Although the use of natural lakes and reservoirs for storage of water has apparently not been involved in controversies that have gone to the high courts of Texas, there seems to be ample reason to conclude that under the statutes of that State water may be stored in natural reservoirs, as well as in those created artificially, provided of course that the littoral rights of surrounding land- owners are not infringed.1 *7 ROTATION IN USE OF WATER The Problem and the Plan Rotation in the use of a considerable stream of water is regularly practiced within many irrigation projects for the purpose of avoiding the losses and 113Perkins v. Kramer, 121 Mont. 595, 599,198 Pac. (2d) 475 (1948). li3Larimer County Res. Co. v. People ex rel. Luthe, 8 Colo. 614, 615, 617, 9 Pac. 794 (1886). 114 Cal. Civ. Code § 1413 (1872). llsCal. Water Code § 7075 (West 1956). 1l6Los Angeles v. Glendale, 23 Cal. (2d) 68, 76-77, 142 Pac. (2d) 289 (1943). "'Appropriable waters may be held or stored by dams, in lakes or reservoirs. Tex. Rev. Civ. Stat. Ann. art. 7468 (Supp. 1970). Storm and fioodwaters may be appropriated for storage in a part of the Edwards underground reservoir for later use. Id. art. 7470. |